Football Spectators and Sports Grounds Bill

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Bill 59 54/3

Football Spectators and Sports Grounds Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office and the Department forCulture, Media and Sport, are published separately as Bill 59EN.


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Bill 59 54/3


CONTENTS

PART1

FOOTBALLSPECTATORS

1 Prohibiting attendance at matches in Scotland and Northern Ireland etc.2 Requirements to report at police stations3 Enforcement of 1989 Act in Scotland and Northern Ireland4 Enforcement of 2006 Act in England and Wales and Northern Ireland5 Relevant offences for purposes of Part 2 of 1989 Act

PART2

SPORTSGROUNDSSAFETYAUTHORITY

6 Football Licensing Authority to become Sports Grounds Safety Authority7 Advice to Ministers of the Crown

8 Advice to bodies or persons in England and Wales9 Advice to bodies or persons outside England and Wales10 Supplementary

PART3

SUPPLEMENTARY

11 Consequential amendments etc.12 Extent13 Commencement14 Short title

Schedule 1 The Sports Grounds Safety AuthoritySchedule 2 Consequential amendments

Part 1 Football spectatorsPart 2 Sports Grounds Safety Authority

Schedule 3 Repeals and revocations


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Bill 59 54/3

Football Spectators and Sports Grounds BillPart 1 Football Spectators

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A

B I L LTO

Amend the law relating to football banning orders and their enforcement; toconfer further powers on the Football Licensing Authority and to amend itsname; and for connected purposes.

EITENACTEDby the Queens most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:

PART1

FOOTBALLSPECTATORS

1 Prohibiting attendance at matches in Scotland and Northern Ireland etc.

(1) In the provisions of the 1989 Act listed in subsection (2), for England andWales (in each place) substitute the United Kingdom.

(2) The provisions are

(a) in section 14 (definition of banning order and other terms), subsections(2), (3), (4), (5) and (6),

(b) in section 19 (functions of enforcing authority and local police),subsections (2), (2A) and (2E)(a), and

(c) in section 21A (summary measures: detention), subsection (1).

(3) In section 19(2B)(b) of the 1989 Act, omit if the match is outside the UnitedKingdom.

(4) In this Act the 1989 Act means the Football Spectators Act 1989 (c. 37).

2 Requirements to report at police stations

(1) The police station specified under any of the provisions listed in subsection (2)may be in England, Wales, Scotland or Northern Ireland.

(2) The provisions are

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(a) section 14E(2) of the 1989 Act (banning order to include requirement toreport initially at specified police station);

(b) section 19(2B) of the 1989 Act (notice, in connection with regulatedfootball match outside United Kingdom, requiring person to report atspecified police station);

(c) section 53(2) of the 2006 Act (football banning order to includerequirement to report initially at specified police station);

(d) section 61(4) of the 2006 Act (notice, in connection with regulatedfootball match outside United Kingdom, requiring person to report atspecified police station).

(3) In section 14E(2) of the 1989 Act, omit in England and Wales.

(4) In section 53(2)(a) of the 2006 Act, omit in Scotland.

(5) In section 66(1) of the 2006 Act, for Scotland substitute the UnitedKingdom.

(6) In this Act the 2006 Act means the Police, Public Order and Criminal Justice(Scotland) Act 2006 (asp 10).

3 Enforcement of 1989 Act in Scotland and Northern Ireland

(1) The following provisions of the 1989 Act extend to Scotland and NorthernIreland

(a) section 14J(1) (offence of failing to comply with a requirement imposedby a banning order or a requirement imposed under section 19(2B) or(2C));

(b) section 19(6) (offence of failing, without reasonable excuse, to complywith a requirement imposed under section 19(2));

(c) section 20(10) (offence of making a false statement, etc. in connectionwith an application for exemption from requirements imposed by orunder Part 2).

(2) But in Scotland it is a defence where a person is charged with an offence byvirtue of subsection (1)(a) to prove that the person had a reasonable excuse forfailing to comply with the requirement in question.

(3) A person guilty of an offence by virtue of subsection (1)(a) is liable on summaryconviction to imprisonment for a term not exceeding 6 months or a fine notexceeding level 5 on the standard scale (or both).

(4) A person guilty of an offence by virtue of subsection (1)(b) is liable on summaryconviction to a fine not exceeding level 2 on the standard scale.

(5) A person guilty of an offence by virtue of subsection (1)(c) is liable on summaryconviction to a fine not exceeding level 3 on the standard scale.

4 Enforcement of 2006 Act in England and Wales and Northern Ireland

(1) The following provisions of the 2006 Act extend to England and Wales andNorthern Ireland

(a) section 68(1) and (2) (offences of failing to comply with a requirementimposed by a football banning order, under section 61(1) or by a noticeunder section 61(4), and defence of reasonable excuse);

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(b) section 68(5) (offence of making a false statement, etc. in connectionwith an application for exemption from a notice under section 61(4) ofthe 2006 Act).

(2) A person guilty of an offence under section 68(1)(a) or (c) of the 2006 Act byvirtue of subsection (1)(a) is liable on summary conviction

(a) in England and Wales, to imprisonment for a term not exceeding 51weeks or a fine not exceeding level 5 on the standard scale (or both);

(b) in Northern Ireland, to imprisonment for a term not exceeding 6months or a fine not exceeding level 5 on the standard scale (or both).

But in relation to an offence committed before the commencement of section281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to51 weeks is to be read as a reference to 6 months.

(3) A person guilty of an offence under section 68(1)(b) of the 2006 Act by virtue of

subsection (1)(a) is liable on summary conviction to a fine not exceeding level2 on the standard scale.

(4) A person guilty of an offence by virtue of subsection (1)(b) is liable on summaryconviction to a fine not exceeding level 3 on the standard scale.

(5) Articles 1(5) and 5 of the Police, Public Order and Criminal Justice (Scotland)Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) cease to have effect.

5 Relevant offences for purposes of Part 2 of 1989 Act

In Schedule 1 to the 1989 Act (offences), in paragraph 1(a)

(a) after 14J(1) insert , 19(6), 20(10), and(b) after of this Act insert or section 4 of the Football Spectators and

Sports Grounds Act 2008.

PART2


6 Football Licensing Authority to become Sports Grounds Safety Authority

(1) The body established by section 8 of, and Schedule 2 to, the 1989 Act(a) is to continue in being, but

(b) instead of being called the Football Licensing Authority is to be calledthe Sports Grounds Safety Authority.

(2) Schedule 1 contains further provisions relating to the Authority.

(3) The expenses of the Authority are to be paid by the Secretary of State.

7 Advice to Ministers of the Crown

(1) The Authority may, and if requested to do so by a Minister of the Crown must,provide advice to that Minister

(a) in relation to safety at sports grounds generally, or

(b) with respect to the exercise of any of the functions of that Ministerunder the enactments specified in subsection (2).

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Football Spectators and Sports Grounds BillPart 2 Sports Grounds Safety Authority

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(2) The enactments are(a) the Safety of Sports Grounds Act 1975 (c. 52),

(b) Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27)(safety of stands at sports grounds), and

(c) the 1989 Act.

8 Advice to bodies or persons in England and Wales

(1) The Authority may provide advice relating to safety at sports grounds inEngland or Wales to

(a) local authorities, or(b) subject to subsection (2), other bodies or persons.

(2) The Authority may not under subsection (1) provide advice to

(a) a Minister of the Crown, or(b) a body or person specified in section 9(1)(a), (b) or (c).

9 Advice to bodies or persons outside England and Wales

(1) The Authority may, if the conditions in subsection (2) are met, provide advicerelating to the safety of sports grounds to

(a) the government of a territory outside the United Kingdom,(b) an international organisation, or(c) a body or person not falling within paragraph (a) or (b) whose

functions, activities or responsibilities relate in whole or in part to thesafety of sports grounds outside England and Wales.

(2) The conditions are that(a) the provision of the advice is at the request of the body or person

concerned, and(b) the Secretary of State consents to the provision of the advice.

10 Supplementary

(1) The Authority may, with the consent of the Secretary of State, charge a fee forthe provision of advice under

(a) section 9 (bodies or persons outside England and Wales), or(b) if the advice is provided at the request of the recipient, section 8 (bodies

or persons in England and Wales).

(2) A fee charged under subsection (1) must not exceed the cost of providing theadvice.

(3) Fees received by the Authority by virtue of subsection (1) are to be treated forthe purposes of section 6(3) as reducing the expenses of the Authority.

(4) A consent under section 9(2)(b) or subsection (1) may be given(a) generally,(b) in relation to any particular advice, or(c) in relation to advice of a particular description.

(5) In this Part

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(a) local authority and sports ground have the same meaning as in theSafety of Sports Grounds Act 1975 (c. 52) (see section 17(1) of that Act),and

(b) Minister of the Crown has the same meaning as in the Ministers of theCrown Act 1975 (c. 26).

PART3

SUPPLEMENTARY

11 Consequential amendments etc.

(1) Schedule 2 contains consequential amendments.

(2) Schedule 3 contains repeals and revocations.

12 Extent

(1) In Part 1 (football spectators)(a) sections 1, 2 (so far as relating to the 1989 Act), 4 and 5 extend to

England and Wales,(b) sections 2 (so far as relating to the 2006 Act) and 3 extend to Scotland,

and(c) sections 3(1) and (3) to (5) and 4 extend to Northern Ireland.

(2) Part 2 and Schedule 1 (Sports Grounds Safety Authority) extend to Englandand Wales only.

(3) An amendment or repeal of a provision by Schedule 2 (consequentialamendments) or 3 (repeals and revocations) has the same extent as thatprovision.

13 Commencement

(1) Parts 1 and 2 and the Schedules come into force on such day as the Secretary ofState may by order made by statutory instrument appoint.

(2) Before making such an order relating to section 2 or 3, the Secretary of Statemust obtain the consent of the Scottish Ministers.

(3) Such an order may(a) appoint different days for different purposes;(b) include transitional or saving provisions.

(4) This Part comes into force on the day on which this Act is passed.

14 Short title

This Act may be cited as the Football Spectators and Sports Grounds Act 2008.

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Football Spectators and Sports Grounds BillSchedule 1 The Sports Grounds Safety Authority

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S C H E D U L E S

SCHEDULE 1 Section 6

THESPORTSGROUNDSSAFETYAUTHORITY

Status and capacity

1 (1) The Authority is a body corporate.

(2) The Authority is not to be regarded(a) as the servant or agent of the Crown, or(b) as enjoying any status, privilege or immunity of the Crown;

and the Authoritys property is not to be regarded as property of, orproperty held on behalf of, the Crown.

(3) The Authority may do anything which is calculated to facilitate thedischarge of its functions, or is incidental or conducive to their discharge.

Membership

2 The Authority is to consist of

(a) a person appointed by the Secretary of State to chair the Authority,and(b) at least 4 but not more than 8 other members appointed by the

Secretary of State.

Appointment and tenure of members

3 (1) Before appointing a person to be a member of the Authority, the Secretary ofState must be satisfied that the person will have no such financial or otherinterest as is likely to affect prejudicially the performance of the personsfunctions as a member.

(2) From time to time the Secretary of State must check that each member has

no such interest.

4 A person who is, or whom the Secretary of State proposes to appoint to be,a member of the Authority must, whenever requested by the Secretary ofState to do so, supply the Secretary of State with such information as theSecretary of State considers necessary for the performance of the dutiesunder paragraph 3.

5 Subject to the following provisions of this Schedule, a person appointedunder paragraph 2 holds and vacates office in accordance with the terms ofthe appointment.

6 A person is not to be appointed as a member of the Authority for more than

3 years at a time.

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7 A person may at any time resign office(a) as chair of the Authority, or(b) as a member of the Authority,

by giving the Secretary of State signed notice in writing.

8 Where a member begins or ceases to hold office as chair of the Authority, theSecretary of State may vary the terms of the persons appointment as amember of the Authority so as to alter the date on which the person is tovacate office as a member.

9 (1) The Secretary of State may declare a persons office as a member of theAuthority vacant if satisfied that the person

(a) has been absent from meetings of the Authority for a period longerthan 3 consecutive months without the permission of the Authority,

(b) has become bankrupt or made an arrangement with creditors, or

(c) is unable or unfit to discharge the functions of a member;and on making such a declaration the office becomes vacant.

(2) A declaration under sub-paragraph (1) may be notified in such manner asthe Secretary of State thinks fit.

10 A person who ceases to be a member or to hold office as chair of theAuthority is eligible for re-appointment.

Remuneration and pensions of members

11 The Authority may pay to each member such remuneration and allowancesas the Secretary of State may determine.

12 The Authority may pay, or make provision for paying, to or in respect of anymember such sums by way of pensions, allowances or gratuities as theSecretary of State may determine.

13 (1) Sub-paragraph (2) applies if

(a) a person ceases to be a member otherwise than on the expiry of theterm of office, and

(b) it appears to the Secretary of State that there are specialcircumstances which make it right for the person to receivecompensation.

(2) The Authority may make to the person a payment of such amount as the

Secretary of State may determine.

Proceedings

14 The quorum of the Authority and the arrangements relating to its meetingsare to be such as the Authority may determine.

15 (1) This paragraph applies if a member of the Authority is in any way directlyor indirectly interested in any matter which falls to be considered by theAuthority.

(2) The member(a) must disclose the nature of the interest at a meeting of the Authority,

and

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(b) must not take part after the disclosure in any deliberation or decisionwith respect to the matter.

(3) The disclosure must be recorded in the minutes of the meeting.

16 The validity of any proceedings of the Authority are not affected by(a) a vacancy among the members,(b) a defect in the appointment of a member, or(c) a failure to comply with paragraph 15.

Inspectors, officers and other employees

17 The Authority may appoint inspectors to perform such functions as areassigned to them by or under Part 1 of the 1989 Act or any other enactment.

18 The Authority may appoint a secretary and such other officers, and take into

its employment such other persons, as it may determine.19 The terms and conditions of appointments under paragraphs 17 and 18

require the approval of the Secretary of State.

20 The Authority must, as regards such of its inspectors, officers and otheremployees as with the approval of the Secretary of State it may determine

(a) pay to or in respect of them such pensions, allowances or gratuities(including pensions, allowances or gratuities by way ofcompensation for loss of employment), or

(b) provide and maintain for them such pension schemes (whethercontributory or not), as may be so determined.

21 (1) Sub-paragraph (2) applies if an inspector, officer or other employee of theAuthority(a) is a participant in any pension scheme applicable to that

employment, and(b) becomes a member of the Authority.

(2) If the Secretary of State so determines, the member may be treated for thepurposes of the pension scheme as if service as a member of the Authoritywere service as an employee of the Authority.

(3) For the purposes of sub-paragraph (2), it does not matter whether anypayments are to be made to or in respect of the member by virtue ofparagraph 11 or 12.

Accounts and audit

22 The Authority(a) must keep proper accounts and proper records in relation to the

accounts, and

(b) must prepare for each accounting year a statement of accounts insuch form as the Secretary of State, with the approval of theTreasury, may direct.

23 The Authority must send a copy of the statement of accounts to theComptroller and Auditor General as soon as reasonably practicable after the

end of the accounting year to which the statement relates.24 The Comptroller and Auditor General must

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(a) examine, certify and report on each statement of accounts sent underparagraph 23, and

(b) lay before Parliament a copy of the statement and the Comptroller

and Auditor Generals report on it.25 The Comptroller and Auditor General may inspect any records relating to

the accounts.

26 In paragraphs 22 and 23, accounting year means any period of 12 monthsending with 31 March.

Authentication of Authoritys seal

27 The application of the seal of the Authority is authenticated by thesignatures of

(a) the person chairing the Authority or some other person authorised

by the Authority to act for that purpose, and(b) one other member.

Presumption of authenticity of documents issued by Authority

28 Any document purporting to be an instrument issued by the Authority andto be sealed in accordance with paragraph 27, or to be signed on behalf of theAuthority, is to be received in evidence and treated as such an instrumentwithout further proof unless the contrary is shown.


CONSEQUENTIALAMENDMENTS

PART1

FOOTBALLSPECTATORS

Serious Organised Crime and Police Act 2005 (c. 15)

1 In section 33 (disclosure of information by SOCA), at the end of subsection(2)(e) insert or Part 1 of the Football Spectators and Sports Grounds Act2008.

PART2


Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 (departments etc. subject to investigation), omit the entryrelating to the Football Licensing Authority and insert at the appropriateplace

Sports Grounds Safety Authority.

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Football Spectators and Sports Grounds BillSchedule 2 Consequential amendments

Part 2 Sports Grounds Safety Authority

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Superannuation Act 1972 (c. 11)

3 In Schedule 1 (kinds of employments etc. referred to in section 1), forFootball Licensing Authority (in both places) substitute Sports GroundsSafety Authority.

House of Commons Disqualification Act 1975 (c. 24)

4 In Part 2 of Schedule 1 (bodies of which all members are disqualified), omitthe entry relating to the Football Licensing Authority and insert at theappropriate place

The Sports Grounds Safety Authority.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5 In Part 2 of Schedule 1 (bodies of which all members are disqualified), omitthe entry relating to the Football Licensing Authority and insert at theappropriate place


Safety of Sports Grounds Act 1975 (c. 52)

6 In section 5(3) (appeals against terms and conditions of safety certificates),for Football Licensing Authority substitute Sports Grounds SafetyAuthority.

Race Relations Act 1976 (c. 74)

7 In Part 5 of Schedule 1A (bodies and other persons added on 3 October 2006),for the entry relating to the Football Licensing Authority substitute


Football Spectators Act 1989

8 (1) In section 1 (interpretation etc.), after subsection (6) insert

(6A) In this Part the licensing authority means the Sports GroundsSafety Authority (see Part 2 of the Football Spectators and SportsGrounds Act 2008).

(2) Omit(a) section 8,

(b) in section 27(6), , except paragraph 14 of Schedule 2, and(c) Schedule 2.

Freedom of Information Act 2000 (c. 36)

9 In Schedule 1 (bodies etc. which are public authorities for the purposes ofthe Act), in Part 6, omit the entry relating to the Football Licensing Authorityand insert at the appropriate place


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Football Spectators and Sports Grounds BillSchedule 2 Consequential amendmentsPart 2 Sports Grounds Safety Authority

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General

10 Any reference in any other enactment or in any instrument or document tothe Football Licensing Authority is to be read, in relation to any time afterthe commencement of section 6, as a reference to the Sports Grounds SafetyAuthority.


REPEALSANDREVOCATIONS

Short title and chapter Extent of repeal or revocation

Parliamentary CommissionerAct 1967 (c. 13) In Schedule 2, the entry relating to the FootballLicensing Authority.

House of CommonsDisqualification Act 1975(c. 24)

In Schedule 1, in Part 2, the entry relating to theFootball Licensing Authority.

Northern Ireland AssemblyDisqualification Act 1975(c. 25)


Football Spectators Act 1989(c. 37)

Section 8.In section 14E(2), in England and Wales.In section 19(2B)(b), if the match is outside the

United Kingdom.In section 27(6), , except paragraph 14 ofSchedule 2,.

Schedule 2.

Freedom of Information Act2000 (c. 36)


Government Resources andAccounts Act 2000 (Audit ofPublic Bodies) Order 2003(S.I. 2003/1326)

Article 17.

Police, Public Order andCriminal Justice (Scotland)Act 2006 (asp 10)

In section 53(2)(a), in Scotland.

Police, Public Order andCriminal Justice (Scotland)Act 2006 (ConsequentialProvisions andModifications) Order 2007(S.I. 2007/1098)

Articles 1(5) and 5.

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Bill 59 (xxxxxx) 54/3


Parliamentary copyright House of Commons 2008Applications for reproduction should be made in writing to the Copyright Unit,

Her Majestys Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONSLONDON THE STATIONERY OFFICE LIMITED

Printed in the United Kingdom byThe Stationery Office Limited

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A

B I L L

To amend the law relating to football banning orders and their enforcement; toconfer further powers on the Football Licensing Authority and to amend itsname; and for connected purposes.

Presented by Mr Russell Brownsupported by

Alan Keen, John McFall, Mr John Leech,Bob Russell, Joan Walley, Mr Iain Duncan Smith,

Mr John Greenway, Christine Russelland Jim Sheridan.

Ordered, byThe House of Commons,to be Printed, 22nd January2008.

Documents

Football Spectators and Sports Grounds Bill